626 MISCELLANEOUS 



States at Madrid and Her Catholic Majesty's Minister for Foreign 

 Affairs and between Mr. Dodge and the same functionary. 



The El Dorado was a steamer employed in carrying the United 

 States Mail between New York and Aspinwall in New Granada. 

 When brought to by the Ferrolana, she was performing her regular 

 trip from Aspinwall, was in her accustomed track on the open sea 

 " eight or ten miles from land " with no attendant circumstances to 

 excite suspicion or invite attack. In this situation, she was fired at, 

 brought to, detained and searched by the Ferrolana. Although the 

 Spanish Government disclaims a right to search United States vessels 

 on the high seas, the facts prove that there was in the case of the El 

 Dorado an actual search as well as a detension. 



The character of the act is not changed by the terms used in de- 

 scribing it. If the firing at a vessel upon the open sea, the bringing 

 her to, the sending on board of her an officer and the compelling the 

 production of her papers and examining them, be not exercising the 

 right of search, it would be difficult to say what facts would constitute 

 a search. 



The Spanish Government claims the right to search or detain 

 foreign vessels on its own territorial waters for the purpose of ascer- 

 taining their character, but it is not understood that it meets this 

 case with a positive declaration that the El Dorado was within its 

 territorial waters. 



The United States will never concede that, in the thoroughfares of 

 commerce between Cape San Antonio and Yucatan or between the 

 Key of Florida and the Cuban coast, the territorial waters of Spain 

 extent beyond cannon shot or a marine league. Considering the vast 

 amount of property transported over these thoroughfares, it is of 

 the greatest importance to the interests of commerce that the extent 

 of iSpanish jurisdiction in these two straits should be accurately 

 understood. 



There is an intimation in a note of Her Catholic Majesty's Minister 

 of Foreign Affairs to Mr. Dodge to the effect that it had been stated 

 by Captain Engle of the United States war steamer Princeton, that 

 if the parties had been reversed, he would have adopted in respect to 

 a Spanish merchant vessel the same proceeding which was adopted 

 by the Commander of the Ferrolana in respect to the El Dorado. An 

 inquiry upon this point has been addressed to Captain Engle who 

 denies that he ever made such a statement. But even if he had, he 

 was not warranted in making it by his official orders or authorized 

 to express the views of this Government upon the subject. 



I have therefore to inform you, Sir, that the conduct of the Com- 

 mander of the Ferrolana is considered to have been a violation of the 

 rights of the United States, which the President expects will be dis- 

 avowed by Her Catholic Majesty's Government and that proper 

 reparation will be made therefor. 



It is desirable that he should have it in his power to announce to 

 Congress at the opening of the approaching session a satisfactory 

 adjustment of this grave subject. 



This communication is addressed to you in the hope that you may 

 have or may receive instructions for that purpose. 



I avail myself of this occasion, sir, to offer to you a renewed assur- 

 ance of my very high consideration, 



W. L. MAECY. 



